New Mexico Code § 61-17B-16

Board powers and duties. (Repealed effective July 1, 2028.)
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A. The board shall:
(1) in conjunction with the department of health, promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] necessary to implement the provisions of the Body Art Safe Practices Act;
(2) establish fees;
(3) establish standards and provide for the issuance of new and renewal operator and body artist licenses to applicants;
(4) adopt a seal;
(5) furnish copies of rules and sanitation and sterilization requirements promulgated by the board to each operator of a body art establishment;
(6) keep a record of its proceedings, a register of applicants for licensure and a register of licensed operators and body artists;
(7) issue cease and desist orders to persons who violate the provisions of the Body Art Safe Practices Act or rules promulgated pursuant to that act; and
(8) deny, suspend or revoke a license or undertake any other disciplinary action in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
B. The board may establish continuing education or other requirements for licensure.
C. A member of the board, its employees or agents may enter and inspect a body art establishment at any time during regular business hours for the purpose of determining compliance with the Body Art Safe Practices Act.
History: Laws 2015, ch. 129, § 8; 2022, ch. 39, § 81.
Delayed repeals. — For delayed repeal of this section, see 61-17B-18 NMSA 1978.
The 2022 amendment, effective May 18, 2022, clarified that the board of body art practitioners is required to follow the provisions of the State Rules Act when promulgating rules and to follow the provisions of the Uniform Licensing Act in disciplinary matters; and in Subsection A, Paragraph A(1), after "promulgate rules", added "in accordance with the State Rules Act", and added Paragraph A(8).

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